Make friends accidentally! A woman in Liaoning has a relationship after being forced to take drugs by her "girlfriend" and her boyfriend
Recently, in Donggang, Liaoning Province, CCTV "Ping An 365" disclosed a conspicuous case in 2015: a single mother Chu Li (a pseudonym) met through the Internet and social software, who was also a single mother Xu Na (pseudonym), because of the two Both of them were single mothers, in the same situation, and soon became acquainted with each other. After that, the two participated in offline parties and soon became "best friends" who talked about everything. One day, Xu Na (pseudonym) called her, told her that she had a quarrel with her partner and was in a bad mood, and invited Chu Li to chat. Without much thought, Chu Li came to Xu Nana’s residence, but did not expect this to be the beginning of a nightmare: Xu Na and her boyfriend Gao Fu (pseudonym) jointly kidnapped her, and were subsequently raped, detained, and forced to take drugs. behavior…
- As the saying goes, knowing people, knowing the face and not knowing the heart! For example, for the victim Chu Li, she thought that the suspect Xu Na was really in a bad mood and wanted to help and comfort, but she didn’t expect that the other party had a good heart, and she stretched out the criminal hand to herself. This really happened. It is miserable for myself. The lesson in this case is profound. Just as some netizens have reminded, you must never make friends with people with bad habits, especially those who are proficient in pornography, gambling, and drugs, and don't provoke them!
- In this case, from a purely objective point of view, the suspects Xu Na and Gao Fu forced the victim into prostitution and helped make money in order to control the victim, Chu Li, forcing the victim to take drugs and rape him. They are undoubtedly suspected of illegal crimes. .
Specifically, the suspects Xu Na and Gao Fu first constituted the crime of illegal detention. According to Article 238 of the Criminal Law of the People's Republic of China, the crime of illegal detention refers to the criminal act of illegally depriving others of their personal freedom by detention, confinement or other coercive methods.
From the perspective of sentencing, anyone who illegally detains others or deprives others of their personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance, or deprivation of political rights. Those who have the circumstance of beating or insulting shall be severely punished.
In this case, the victim Chu Li came to the suspect Xu Na's home. After that, the two used violent means to control the victim, tied Chu Li's mouth with a towel, and wore a helmet. The relevant behavior has illegally restricted and deprived others of their freedom.
In addition, the suspects Xu Na and Gao Fu forced the victim Chu Li into prostitution, thereby helping her make money, forcing her to take drugs and rape.
The crime of forcing others to take drugs (Article 353, paragraph 2 of the Criminal Law) refers to the act of using violence, coercion or other compulsory means to force others to take or inject drugs against the will of others. Those who force others to take or inject drugs shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
The so-called rape crime refers to the act of using violence, coercion or other means to force sexual intercourse with a woman against the will of a woman, or deliberately having sexual intercourse with a girl under the age of 14. Those who commit the crime shall be sentenced to fixed-term imprisonment of not less than 3 years and not more than 10 years.
Back in this case, after controlling the victim Chu Li, the suspects Xu Na and Gao Fu forced Chu Li to take drugs after waking up. They also took nude videos of her, threatened her with nude videos, and forced her into prostitution; not only that, In the process, Xu Na also assisted Gao Fu to rape Chu Li many times. It seems that the two also constituted the crime of forced drug use and rape...
- Of course, it should be noted that the suspects Xu Na and Gao Fu discussed jointly before committing the crime. During the execution of the crime, the two of them divided the labor and cooperated and jointly carried out acts such as forced drug abuse, rape, and illegal detention. Typical joint crime.
According to Article 25 of the Criminal Law, a joint crime refers to an intentional crime committed by two or more persons.
Generally speaking, in addition to requiring two or more actors in a joint crime, the subjective requirement is that the actors must have a common criminal intention. The so-called joint criminal intention refers to the mental attitude of the joint criminals through mutual communication and communication, realizing that their common criminal behavior will cause some harm to society, and committing joint crimes, hoping or allowing the harm to society to happen. .
- From the perspective of sentencing, in this case, the suspects Xu Na and Gao Fu successively carried out several acts such as illegal detention, forced drug use, rape, etc., which respectively constituted several crimes. When the crime and the circumstances of the sentencing were determined separately, Several crimes should be punished in accordance with the law.
The so-called combined punishment for multiple crimes, according to the relevant provisions of my country's Criminal Law, means that the offender has committed multiple crimes before the sentence is announced, or after the sentence is announced and before the sentence is executed, it is discovered that the sentenced criminal has other crimes before the sentence is announced. If there is no sentence, or the sentenced criminal element commits a new crime before the sentence is completed, the judicial organ shall, in accordance with the principle and method of the combined punishment of multiple crimes stipulated in the Criminal Law, punish a person for the combined punishment of multiple crimes.
In fact, for those who have committed multiple crimes before the sentence is announced, in addition to the death penalty and life imprisonment, the sentence should be less than the sum of the sentence and the maximum sentence of the number of sentences. It cannot exceed one year, and the maximum imprisonment cannot exceed 20 years.